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april 2019

Supreme Court of India · 2019-04-04

Bhagwan Das Goel (Dead) Through His Lrs. ... vs Pyare Kishan Agarwal

Citation / case number
AIR 2019 SUPREME COURT 1673
Court
Supreme Court of India
Petitioner
Bhagwan Das Goel (Dead) Through His Lrs. ...
Respondent
Pyare Kishan Agarwal
Author
Abhay Manohar Sapre
Bench
Dinesh Maheshwari, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court allowed the appeal against the High Court's dismissal of a writ petition, holding that the High Court failed to consider the relevant legal principles established in Krishna Motor Service vs. H.B. Vittala Kamath, 1996 (10) SCC 88. The Court found that the issue regarding the maintainability of the application under Section 20 of the Arbitration Act, 1940, in light of Section 69(3) of the Partnership Act, was not adequately addressed by the High Court. Consequently, the case was remanded for a fresh decision on merits.

Bhagwan Das Goel (Dead) Through His Lrs. ... vs Pyare Kishan Agarwal · Niyam